Bill addresses decision-making for Ohioans with developmental disabilities
COLUMBUS, Ohio (WCMH) – A bill in the Ohio Statehouse seeks to establish a presumption that all adults with developmental disabilities are capable of making their own decisions unless otherwise determined by a court.
Senate Bill 35, sponsored by Sens. Michele Reynolds (R-Franklin County) and Jerry Cirino (R-Kirtland), was introduced in January. Along with declaring that adults with developmental disabilities should be presumed capable of managing their affairs, the bill would legally establish a 'less restrictive' alternative to guardianship, called 'supported decision making' (SDM), according to Reynolds.
SDM allows individuals with developmental disabilities to retain their legal decision making authority while receiving support from chosen advisers who can help them understand, make and communicate their decisions. The bill would allow the advisors to be formally chosen through a written plan, or chosen informally.
In a guardianship, a family member or other entity is in charge of an individual's affairs and ultimately makes decisions for them, when a court finds that person is incapable of making their own decisions due to a mental disability, according to the nonprofit Disability Rights Ohio.
'This legislation addresses a significant need in our current system,' Reynolds said at the bill's first hearing in February. 'Many adults with developmental disabilities find that full guardianship is more restrictive than necessary, while complete independence may not provide adequate support.'
Under the bill, entering into a SDM plan could not be used as grounds for a court to find that an adult is incapable of managing their own affairs. Adults with developmental disabilities who use a SDM plan would be allowed to act independently of their advisors and end the plan at any time. The bill additionally clarifies that adults with developmental disabilities could not be forced into a SDM plan.
Reynolds said that the approach recognizes that 'disability exists on a spectrum' and that many adults with developmental disabilities are capable of making their own decisions. Twenty-three states have enacted similar legislation, according to the lawmakers.
'Supported decision making protects adults with developmental disabilities from exploitation because they maintain control over their own lives and decisions,' Cirino said.
If the bill were to pass, the Ohio Department of Developmental Disabilities would develop example SDM plans and educational materials.
The bill had its second hearing earlier this month, where 13 entities testified in support of the legislation, including the Down Syndrome Association of Central Ohio and the Ohio Association of County Boards of Developmental Disabilities (OACB).
'Unfortunately, in many instances, guardianship represents an all-or-nothing decision for the courts to make when they are asked to balance a person's health and safety with their ability to make decisions about their own future,' said Jake Dowling, a legislative affairs manager with OACB. 'Supported decision making offers a middle path that preserves both.'
Greg Carter, the parent and legal guardian of an adult with developmental disabilities, told NBC4 he questions how the legislation would affect those currently under a guardianship arrangement.
'A parent who has been a part of their child's life all along should not have to jump through any hoops to continue in the role of decision maker for their loved one simply because the calendar turns a page,' Carter said. 'I question the motivation and need for a [policy] such as this.'
While a hearing for opponent testimony has not yet been held for the legislation, some critics of the concept have come out against a recently introduced budget bill including language that would codify SDM in Ohio law.
Caroline Lahrmann, an Ohio mother, testified against the budget bill (HB 96) saying those with developmental disabilities can already have friends and family assist them with decision making without new legislation. Harris Capps, a parent and legal guardian, echoed the same sentiment, calling sections of the bill addressing SDM 'unnecessary' and 'redundant.'
'SDM as policy could result in a degradation of Ohio's guardianship system while providing more opportunities for frivolous lawsuits,' Capps said.
Current Ohio law requires those with developmental disabilities to be able to manage their financial affairs if they are able, participate in decisions that affect their lives, and select a parent or advocate to act on their behalf.
Cirino introduced a similar bill in the last General Assembly that did not pass before the end of the legislative session. SB 35 was assigned to the Senate Judiciary Committee and currently has one Republican cosponsor.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
a day ago
- Yahoo
Governor signs Medicaid work requirements, Opioid Settlement Fund bills into law
Gov. Kim Reynolds, seen here in a file photo from May 2023, signed two dozen bills Friday. (Photo by Kathie Obradovich/Iowa Capital Dispatch) Gov. Kim Reynolds signed more than 20 bills into law Friday, including funding for the state's Opioid Settlement Fund and state-level Medicaid work requirements. The governor has a little more than a week, until June 14, to sign the remaining bills passed during the 2025 legislative session into law. This week, the governor has held events signing multiple measures into law — including the reduction in Iowa's unemployment insurance tax system. On Friday, she signed into law House File 969, a bill expanding the disability and death benefits for first responders like firefighters, emergency medical services responders and law enforcement officer to cover all forms of cancer. This was not the only measure Reynolds signed into law Friday. She released a list of 24 new laws, which include some state spending provisions and other high-profile policies sent to her desk earlier this year. Here are some of the bills signed into law: As discussions — and conflicts — continue over the federal work requirement proposal for Medicaid coverage included in the GOP budget reconciliation bill, Reynolds signed Senate File 615, into law, a measure setting similar work requirements for the Iowa Medicaid program. The requirements for at least 80 hours of work each month would apply to people receiving health coverage through the Iowa Health and Wellness Plan. IHAWP is the state's expanded Medicaid program for low-income people between ages 19 to 64. There are exemptions to these work and reporting requirements for people with disabilities, serious illnesses or injuries, as well as those with children under age 6. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The law directs the Iowa Department of Health and Human Services to seek a waiver to implement these requirements from the federal government. Iowa HHS has already submitted a waiver with a slightly different work requirement plan for IHAWP — one that sets a 100-hour per month work requirement, or for a person to be earn the equivalent in wages to working 100 hours a month at $7.25 per hour, or be enrolled in education or job skills programs to retain coverage. Reynolds said in a statement on the bill signing, 'it is priority of mine to ensure our government programs reflect a culture of work.' 'If you are an able-bodied adult who can work, you should work,' the governor said. 'We need to return Medicaid back to its intended purpose—to provide coverage to the people who truly need it.' Democrats and others critics have said the legislation will cut off health care coverage for eligible Iowans due to additional red tape, leading to a financial hit for rural hospitals and other health care centers. The measure also contains a component that could have lasting impacts for Iowa's expanded Medicaid program: If the federal government allows Iowa to implement work requirements, then later revokes approval, HHS would be directed to end IHAWP. The move to discontinue the program would require federal approval, and if the decision is not approved, Iowa HHS would be asked to pursue implementing an 'alternative plan' under federal Medicaid administration guidelines. After several years of stalled action, Reynolds approved the Legislature's agreement on how to spend money from opioid lawsuit settlements. House File 1038 distributes $29 million from the fund, money obtained in settlements for lawsuits by states against opioid manufacturers, distributors and pharmacies for their roles in the opioid epidemic. For several years, lawmakers in the Senate and House have failed to reach an agreement on how to spend the funds, which are obligated to go to opioid addiction treatment and prevention. But in the final hours of the 2025 legislative session, lawmakers agreed to a system that provides funding for specific organizations and programs that focus on addition treatment, recovery and prevention in fiscal year 2026. In future years, money in the settlement fund will go to Iowa HHS and the Attorney General's office — entities that will then decide how to allocate the money to organizations in the state. HHS will receive 75% of the funding each year and the AG's office will receive 25%. While some lawmakers said they were frustrated with the money going to these state entities instead of being distributed directly by the Legislature, the bill passed with broad bipartisan support as get the funding into Iowa communities. The governor thanked the Legislature for sending the bill to her desk in 2025. 'The opioid crisis continues to impact Iowa families,' Reynolds said in a statement. 'I'm thankful the legislature reached an opioid settlement fund agreement this session to immediately distribute $29 million to providers and appropriate ongoing available funds to support early intervention, prevention, treatment, and recovery.' The governor also signed House File 706, the bill setting higher penalties for violations of open meetings laws and requiring public officials t9 receive training on open meetings and records laws. The bill was brought forward this year after a similar measure was vetoed in 2024 after a last-minute amendment was added that public records advocates had said would lead to unintended consequences. But Rep. Gary Mohr, R-Bettendorf, said adding heightened penalties and more training was still an important measure to pass as a means of addressing violations of these laws in Davenport related to the collapse of a six-story apartment building and alleged violations of open meeting laws in 2023. The bill was also amended in 2025 by the Iowa Senate to include language add two types of records to the state's list of confidential records — security camera footage from the Iowa Capitol and information from state employee identification card access systems. Senate File 175, also signed into law Friday, is a measure modeled after 'Meet Baby Olivia' laws passed in other states. Though Iowa's law does not reference the 'Meet Baby Olivia' video developed by the anti-abortion group Live Action by name, it requires students in 5th through 12th grade human growth and development classes be shown ultrasound video and computer-generated rendering or animations depicting 'the humanity of the unborn child by showing prenatal human development, starting at fertilization.' The bill was amended by the House to include a provision banning materials in school classrooms on fetal development that come from an entity that performs or 'promotes' abortion, or that contracts, affiliates, or makes referrals to organizations that perform or promote abortions. Democratic lawmakers said this ban would mean material coming from reputable organizations and health care providers, like the Mayo Clinic or the University of Iowa Health System, could be excluded, as the ban would not exclude organizations that perform abortions in cases necessary to save the life of the mother. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
a day ago
- Yahoo
Ohio bill would require employers to pay people with disabilities minimum wage
COLUMBUS, Ohio (WCMH) – While federal law allows employers to pay some individuals with disabilities less than minimum wage, Ohio lawmakers are attempting to eliminate the practice in the state. House Bill 225, sponsored by Reps. Dontavius Jarrells (D-Columbus) and Tom Young (R-Washington Twp.), seeks to phase out subminimum wages for employees with disabilities over a five-year period. Indoor park with 'waterless slides' opens first Ohio location in Columbus 'This bipartisan legislation is about dignity,' Jarrells said at a hearing for the bill in May. 'It's about economic opportunity and it's about making sure every Ohioan, regardless of ability, has the right to fair wages and the chance to contribute meaningfully to their communities.' Section 14(c) of the Fair Labor Standards Act of 1938 permits employers to pay workers whose disabilities impact their productivity less than the federal hourly minimum wage of $7.25, if they obtain a certificate from the U.S. Department of Labor. The practice is intended to prevent the restriction of employment opportunities for those with disabilities, according to the department. Introduced in April, the bill would require employers who hold a certificate to submit a plan regarding phasing out subminimum wage to the Ohio Department of Developmental Disabilities. The plan would have to be submitted within 15 months of the bill's effective date. Under the legislation, the state would assist employers with implementing their plans. Over the five-year transition period, the state would also be required to gather, monitor and publicly report the progress of the phase-out. Unsolved Ohio: Who killed Amy Jo Nelson? Family wants answers in 2017 homicide The bill underwent three hearings in the House's Commerce and Labor Committee in May, where more than 40 people testified in support of the bill. 'Paying people with disabilities less than minimum wage devalues their labor and reinforces harmful stereotypes that their work is worth less,' said Justin Blumhorst with the disability support organization Capabilities. 'Many people with disabilities perform as well as or better than their non-disabled peers when given the proper support and accommodations.' Seven spoke out against the legislation, including Brittany Stiltner with Sandco Industries, a nonprofit that provides employment skills training to people with developmental disabilities. 'At Sandco, the 14(c) certificate allows us to provide customized, supportive employment opportunities to individuals who may not be able to succeed in a traditional competitive work environment,' Stiltner said in written testimony. 'Phasing out this option entirely would eliminate opportunities for people who depend on it – individuals whose stories too often go unheard in policy conversations.' In Ohio, 41 businesses have obtained federal 14(c) certificates, most of which are nonprofit agencies that 'provide rehabilitation and employment for people with disabilities,' often in a 'sheltered' setting, according to the Labor Department. Intel executive explains why Ohio plant will need to fight for Intel's business Jarrells introduced a similar bill last April, but it only received one hearing and did not progress to the point of receiving a vote. Sixteen states have already legislated or initiated the phase-out of subminimum wages, according to Jarrells. In December, the Labor Department proposed phasing out the practice nationally over three years. The agency has not provided an update on the status of the proposal since. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
2 days ago
- Yahoo
New Columbus drone manufacturer providing weapons for Ukraine
COLUMBUS, Ohio (WCMH) – Military analysts are still studying Operation Spider Web, the unprecedented weekend assault on Russia's nuclear-capable, long-range bombers. More than 100 Ukrainian drones struck air bases deep inside Russia, with explosions reported in five separate regions. The operation was said to be in the planning stages for 18 months, and a new Columbus defense contractor might have been part of that plan. Unsolved Ohio: Who killed Amy Jo Nelson? Family wants answers in 2017 homicide Anduril is building its newest manufacturing facility near Rickenbacker air base, but its vice president for strategy said it is already supplying autonomous weapons — including drones — to the United States and its allies, including Ukraine. 'I think the biggest lesson to take away from Ukraine is not just what they can do, but what's needed, the timelines on which they are needed that very much animates what we're building here in Columbus, Ohio, at our Arsenal One campus,' Anduril Senior Vice President of Strategy Zachary Mears said. And what a campus it will be; five million square feet of manufacturing space that will eventually employ 4,000 people. Anduril is the nation's newest defense contractor and it is changing the landscape for the military-industrial complex. 'Central Ohio is going to be vital to the future of what we do,' Mears said. 'Many of the products that we've designed and built are literally going to be made here over the next many decades.' After faculty overwhelmingly voted to unionize, Ohio University is suing them again Unlike other defense suppliers who come up with a proposed weapon and ask the Pentagon to pay for research, development and production, Anduril uses its own capital to design and build high-tech software and weapons that are ready for market. 'Well, we, we very much ascribe to the view that we're providing capabilities to defend the West,' Mears said. And to defend America's allies around the world with a never-before-seen business model. 'We think competition within the industrial base is overdue, and our model, our way of producing product, our way of investing in that product, is different than your traditional defense prime, and they need that healthy, healthy dose of competition,' Mears said. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
